CSC I-485 Filing- May to Dec 2005 Tracking

san_user said:
Hi guys,
All this time I thought(was led to believe that) I am EB2. recently my lawyer replies and says that INS approved my 140 as EB3 even though we applied as EB2.

She is sending some papers to swith it to EB2. I dont know how this stuff works.

Any one have this issue. Please respond. GP111 any help is appreciated.

What is the description of your job function ?
 
It should be option 1. If it were backlog, it wouldnot have cleared for my wife whose application is along with my application. I guess their is nothing we can do right now other than waiting for the blessing.

fdfd said:
As far as I know, your case can be in one of following 2 situations:

1. Your name got a lot of hits in FBI database and it
delays processing of your case.
2. Your case is wating in the backlog and FBI has not touched it yet.

I personally think lots of cases are in scenario #2 in recent times.
My lawyer and local congressman told me FBI is suffering with a huge
backlog right now. Some says they have a backlog of 180,000 names.

I would think there is virtually no way to expedite the process since
the backlog makes the delay common for too many cases. I've heard
FBI specified conditions under which they might expedite. One of
them is if the case is under lawsuit. You can file a suit if your case
is pending under the name check more than 2 years, I've heard....
 
What happens to other applications if I-140 changed from EB-2 to EB-3?

This raises an interesting point about what happens to other concurrently filed applications ( I-485, I-131, I-765 ) and a potential future AC-21 switch if the I-140 is approved as a EB-3 by USCIS even though EB-2 classification was requested?

This is especially important with reference to AC21. I mean if AC-21 is allowed even for a EB-2 to EB-3 downgrade it might potentially be not that painful ( comparatively speaking ) to pass the few years it might take for the EB-3 dates to become current. This might also have a huge significance if the original company closes down or moves location.

If anyone has expert knowledge on this issue ( esp GP111 ), please let us know.



san_user said:
Hi guys,
All this time I thought(was led to believe that) I am EB2. recently my lawyer replies and says that INS approved my 140 as EB3 even though we applied as EB2.

She is sending some papers to swith it to EB2. I dont know how this stuff works.

Any one have this issue. Please respond. GP111 any help is appreciated.
 
Attached is the modified XLsheet we had before. This one is more focused on our 485 status. If you guys like it, please update it with your info. In particular namecheck status and visa availability. That will sort of gives us where we're at. Thanks.
 
tantan said:
Attached is the modified XLsheet we had before. This one is more focused on our 485 status. If you guys like it, please update it with your info. In particular namecheck status and visa availability. That will sort of gives us where we're at. Thanks.

Here is updates sheet at LUD changed on 1/25 only once with no status change after FP done on 1/24.

Ques: Should I wait until 5/1 to send email to CSC to find my case status as my PD is 8/19/2002 or now so can find status on name check?
 
Name check pending

Got an email from "M. Bueno" that my name check is pending :-( . I sent an email on 04/10/06.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The Principal applicants I-485 is still pending FBI name check clearance. Once the

file has been cleared by FBI, all the riding applicants and principal will be adjudicated.

The Service has NO control over how long it takes FBI to clear the case.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I have not received my FP notice yet, but my spouse received FP notice right after we applied our I-485. Not sure what stopping my FP notice. Any idea ?

I-485: ND: 09/26/2005
PD: 07/2002
 
vm_gc said:
Got an email from "M. Bueno" that my name check is pending :-( . I sent an email on 04/10/06.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The Principal applicants I-485 is still pending FBI name check clearance. Once the

file has been cleared by FBI, all the riding applicants and principal will be adjudicated.

The Service has NO control over how long it takes FBI to clear the case.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I have not received my FP notice yet, but my spouse received FP notice right after we applied our I-485. Not sure what stopping my FP notice. Any idea ?

I-485: ND: 09/26/2005
PD: 07/2002

Send email again & ask for FP
 
vm_gc said:
Got an email from "M. Bueno" that my name check is pending :-( . I sent an email on 04/10/06.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The Principal applicants I-485 is still pending FBI name check clearance. Once the

file has been cleared by FBI, all the riding applicants and principal will be adjudicated.

The Service has NO control over how long it takes FBI to clear the case.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I have not received my FP notice yet, but my spouse received FP notice right after we applied our I-485. Not sure what stopping my FP notice. Any idea ?

I-485: ND: 09/26/2005
PD: 07/2002

If you have not recieved call the 1-800 number of the I-485 Reciept notice and get an FP/Bio metric done.
(The Reciept clear says if you have not recieved please call them obtain a appoiintment. At least this worked for my friend who was in your state)
 
san_user said:
Hi guys,
All this time I thought(was led to believe that) I am EB2. recently my lawyer replies and says that INS approved my 140 as EB3 even though we applied as EB2.

She is sending some papers to swith it to EB2. I dont know how this stuff works.

Any one have this issue. Please respond. GP111 any help is appreciated.

DId your attorney told you WHY USCIS Switched it to EB-3 Or it is just a USCIS Error ? What does your I-140 receipt says EB-3 or EB-2 ??

If its an Error, it may be fixed easily, If not it may take some time & papers.
 
san_user said:
Hi guys,
All this time I thought(was led to believe that) I am EB2. recently my lawyer replies and says that INS approved my 140 as EB3 even though we applied as EB2.

She is sending some papers to swith it to EB2. I dont know how this stuff works.

Any one have this issue. Please respond. GP111 any help is appreciated.


I heard USCIS got strict on requirement of EB-2.
If the job function description has the word "bachelor" somewhere,
it will go to EB3 category. I've heard.

In the worse case(USCIS refuses to change it to EB2 or something),
you can keep the EB3 alive and file another EB2 140....

This is very unfortune. I've seen multiple similar cases in our company.
Most of them found out after the LC is finished. Very cruel....
 
fdfd said:
I heard USCIS got strict on requirement of EB-2.
If the job function description has the word "bachelor" somewhere,
it will go to EB3 category. I've heard.

I don't believe its true. IF LC is approved with requirements of BS+5Years, its very difficult for USCIS not to approve that case as EB-2 & conver it to EB-3, It not just USCIS's choice, they are also answerable to someone

In the worse case(USCIS refuses to change it to EB2 or something),
you can keep the EB3 alive and file another EB2 140....

This is very unfortune. I've seen multiple similar cases in our company.
Most of them found out after the LC is finished. Very cruel....
 
gp111 said:
DId your attorney told you WHY USCIS Switched it to EB-3 Or it is just a USCIS Error ? What does your I-140 receipt says EB-3 or EB-2 ??

If its an Error, it may be fixed easily, If not it may take some time & papers.


My receipt says "skilled Worker" . I emailed my attorney she says they did send paper work as EB2. so some thing is amiss. I dont have a copy of the papers filed to verify any of these claims by my attorney.
 
Name check

Hi GP111,

I see that your priority date is not yet current and will be from May1st, same as mine. I see in the excel file, that is making rounds, that your name check is cleared and you are waiting for available visa numbers. I am assuming that you got to know that by requesting your case status by email.
So my question is can you send them an email to check your case status even when the PD is not current??? If my assumption was wrong then can you tell me how did you find out if your name check was cleared???

What all information do we have to provide in the email??
Thanks
 
san_user said:
My receipt says "skilled Worker" . I emailed my attorney she says they did send paper work as EB2. so some thing is amiss. I dont have a copy of the papers filed to verify any of these claims by my attorney.

"Skilled Worker" on receipt means your I-140 was filed in EB-3 category. It will be very difficult to change it now, your attorney / you should have noticed "Skilled Worker" when you get recipt.

Best way to get out of this mess is file a new EB-2 I-140.
 
volleyball said:
Hi GP111,

I see that your priority date is not yet current and will be from May1st, same as mine. I see in the excel file, that is making rounds, that your name check is cleared and you are waiting for available visa numbers. I am assuming that you got to know that by requesting your case status by email.
So my question is can you send them an email to check your case status even when the PD is not current??? If my assumption was wrong then can you tell me how did you find out if your name check was cleared???

What all information do we have to provide in the email??
Thanks

First thing, There is no such rule that you can only send email after your PD becomes current. (It is advisable not to send before PD becomes current because there is no use of it & you will get a standard reply of "visa not available").


I sent them email back in Jan after my I-140 got approved & asked why I have not received FP schedule. That is when I found out that my namecheck was cleared.

you just need to provide receipt number (WACxxxxxxx) and Alien Number (A#).
 
gp111 said:
First thing, There is no such rule that you can only send email after your PD becomes current. (It is advisable not to send before PD becomes current because there is no use of it & you will get a standard reply of "visa not available").


I sent them email back in Jan after my I-140 got approved & asked why I have not received FP schedule. That is when I found out that my namecheck was cleared.

you just need to provide receipt number (WACxxxxxxx) and Alien Number (A#).

Thanks GP111. The reason I asked was bcoz I am planning on sending an email to see if my name check is done or not. If it is done and waiting for visa avialability then the probability of getting my GC in May or June is pretty high, or atleast it looks like. That will help me a lot in making a better decision.
 
I thought this is usefull

I had very bad experience with EAD and i thought this will be usefull to express here.

I applied for EAD fror my family members (children) very recently and had an rfe for almost end of 3 months.(FP not availble at there end ). I sent the appointment ASC letter seal with prooof that we had this before we applied for EAD.

Our situation is that H1/H4 expires (6yrs limit) in next month.
Children does not have EAD or approved Extension of H4 (allready applied for extension).

The problems: DMV does not accept any documents except approved H4/h1/EAD for renewal of DMV. They loose there Driving license.
Colleges:Require approved H1/H4/EAD else have to pay international Tution FEES (which is exhorbitantly high compare to resident fee which we were paying till now).

It is very hard to explain to the agencies that pending i-485 is valid state in US. The demand allways approved I-485.

Local Sanfracisco office does not enteratain untill another 90 days are passed from rfe reply recieved date (SO now total time to wait is 180 days).

Folks if you have any EAD/H1/H4/AP to be renewed it is better to start extending as early as possible from the dates they allow.

Govt Agenceies are SAME everywhere in the world
Atleast is some part of other worlds there are other means to get things done (ashamed to admit this) but that works which is better than this.
 
mnhrdc said:
I had very bad experience with EAD and i thought this will be usefull to express here.

I applied for EAD fror my family members (children) very recently and had an rfe for almost end of 3 months.(FP not availble at there end ). I sent the appointment ASC letter seal with prooof that we had this before we applied for EAD.

Our situation is that H1/H4 expires (6yrs limit) in next month.
Children does not have EAD or approved Extension of H4 (allready applied for extension).

The problems: DMV does not accept any documents except approved H4/h1/EAD for renewal of DMV. They loose there Driving license.
Colleges:Require approved H1/H4/EAD else have to pay international Tution FEES (which is exhorbitantly high compare to resident fee which we were paying till now).

It is very hard to explain to the agencies that pending i-485 is valid state in US. The demand allways approved I-485.

Local Sanfracisco office does not enteratain untill another 90 days are passed from rfe reply recieved date (SO now total time to wait is 180 days).

Folks if you have any EAD/H1/H4/AP to be renewed it is better to start extending as early as possible from the dates they allow.

Govt Agenceies are SAME everywhere in the world
Atleast is some part of other worlds there are other means to get things done (ashamed to admit this) but that works which is better than this.

If 90 days have passed since the date of EAD application you can get Interim EADs for your self/spouse/kids

http://www.uscis.gov/graphics/howdoi/ead.htm

Interim EAD: If USCIS does not approve or deny your EAD application within 90 days you may request an interim EAD document.

http://www.immigration.com/newsletter1/interimeadhandling.html
 
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